Introduction
India’s Right to Information (RTI) Act was meant to be a powerful tool for citizens to hold the government accountable. But 19 years after its launch, a new report reveals a troubling reality: the system designed to ensure retired bureaucrats and almost entirely dominate transparency excludes women from leadership.
According to the Report Card on Information Commissions, 2023-24 by Satark Nagrik Sangathan (SNS), 57% of all RTI commissioners are former government officials, while 85% of Chief Information Commissioners come from bureaucratic backgrounds. Even worse, not a single woman currently heads any of India’s 29 RTI commissions, and nine states have never appointed a female commissioner since the law was passed in 2005.
With over 4 lakh pending RTI cases and thousands dismissed on technicalities, experts warn that India’s transparency watchdog is failing its mission.
1. The Bureaucratic Takeover of RTI Commissions
Why 85% of Chief Commissioners Are Ex-Government Officials
The RTI Act allows commissioners to be appointed from diverse fields—lawyers, journalists, activists, and academics—but the data shows a clear bias toward retired bureaucrats.
- 85% of Chief Information Commissioners are former government employees.
- Only 9% are from legal backgrounds, and 12% come from journalism.
- 5% are academics, and just 4% are social activists.
This raises serious concerns about a conflict of interest. Retired officials may hesitate to rule against their former departments, weakening the RTI’s effectiveness.
The Supreme Court’s Warning
In February 2019, the Supreme Court ruled that RTI commissioners must be appointed from diverse backgrounds. Yet, five years later, nothing has changed. Critics say political influence controls bureaucrats, turning commissions into “retirement postings” rather than independent watchdogs.
2. The Gender Crisis in Transparency Governance
9% Women Commissioners Since 2005—And 9 States With None
Gender inequality is another glaring issue in RTI commissions.
- Only 9% of all commissioners since 2005 have been women.
- Just 5% of Chief Information Commissioners have ever been female.
- Nine states—Bihar, Chhattisgarh, Himachal Pradesh, Manipur, Meghalaya, Sikkim, Telangana, Uttarakhand, and West Bengal—have never had a woman commissioner.
Why Does This Matter?
Women often file RTIS on issues like maternity benefits, sanitation, and domestic violence. Without female commissioners, these cases may not get fair attention.
Kerala’s Slight Improvement
Kerala is one of the few states with better gender representation, but even there, women hold less than 20% of commissioner posts.
3. Systemic Inefficiency—4 Lakh Pending Cases and Procedural Loopholes
How 53,000 Cases Were Returned Without a Hearing
The RTI system is drowning in delays and dismissals.
- 4,05,509 pending cases nationwide as of June 2024.
- Maharashtra has the highest backlog (1.08 lakh cases), yet its commissioners dispose of 13,062 cases annually—the fastest in India.
- Andhra Pradesh is the slowest, with just 1,141 cases resolved per commissioner annually—that’s less than five cases a day.
Cases Dismissed on Technicalities
In 2023-24, 53,623 appeals were returned without a hearing, often for minor errors like wrong formatting.
- The Central Information Commission (CIC) rejected 14,000 cases—42% of its filings.
- Only 4% of rejected applicants resubmit their appeals, meaning thousands of legitimate complaints go unheard.
Who Suffers the Most?
Rural and low-income citizens who lack legal help are hit hardest. A farmer seeking information on land records or a widow chasing pension details may give up after one rejection.
4. The Domino Effect on Democracy
When Transparency Watchdogs Fail, Who Holds Power Accountable?
A weak RTI system has far-reaching consequences:
- Declining Public Trust: Fewer people file RTIs when they believe the system is rigged.
- Ignored Supreme Court Orders: The 2019 ruling on appointment diversity has been completely disregarded.
- Weakened Democracy: Without transparency, corruption and inefficiency thrive.
Example: The Adani Case
In 2023, an RTI activist sought details on the Adani Group’s loans but was denied information under “commercial confidence” clauses. Critics argue that such rejections would be rare if commissions were truly independent.
5. Pathways to Reform
From ‘Retirement Homes’ to Inclusive Guardians
Experts suggest urgent fixes:
1. Enforce Diversity in Appointments
- Follow the Supreme Court’s 2019 order: 30% quota for women, more non-bureaucrat professionals.
- Involve civil society in the selection process.
2. Reduce Pendency & Technical Rejections
- Simplify appeal procedures to help rural applicants.
- Set strict deadlines for case disposal.
3. Public Awareness Campaigns
- Teach citizens how to file RTIs correctly.
- Highlight success stories where RTIs exposed scams.
Call to Action
Activists urge citizens to demand accountability by filing RTIs and pressuring lawmakers for reforms.
Conclusion
India’s RTI Act was once celebrated as a revolution in transparency. But today, its commissions are overrun by bureaucrats, exclude women, and are drowned in delays.
Unless urgent reforms occur, the law risks becoming just another broken promise. As RTI activist Anjali Bhardwaj says, “The RTI Act is a sword in the hands of citizens—but only if the gatekeepers let us wield it.”
